Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what consideration they have given to choosing a model for reform of the law of financial provision on divorce as set out in the Law Commission report Financial remedies on divorce and dissolution, published 17 December 2024 (HC 460).
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Law Commission’s 2024 scoping report on financial remedies on divorce considered whether the current law provides a cohesive framework in which divorcing couples can expect fair and sufficiently certain outcomes. The report also highlighted a number of possible models for reform, noting the potential benefits and challenges of each. The Government is carefully considering the report’s findings, including the possible models identified, and will provide a response in due course.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to give consideration to the options for reform set out by the Law Commission in its scoping report Financial remedies on divorce and dissolution (HC 460), published on 17 December.
Answered by Lord Ponsonby of Shulbrede
The Government is grateful to the Law Commission for its work on this important and complex area. We will carefully consider the details and will provide a response in due course.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the remarks by Baroness Stedman-Scott on 21 June (HL Deb col 56GC), when they plan to consult on the feasibility of a pilot scheme testing the (1) advantages, and (2) disadvantages, of extending cost protection to disability claims.
Answered by Lord Bellamy
The Government is continuing to consider the possibility of consulting on a pilot scheme examining the advantages and disadvantages of extending costs protections to disability claims. This is an important issue that requires careful consideration, and we will set out the way forward in the coming months.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they are taking to implement the recommendation included in the Law Commission report Matrimonial Property, Needs and Agreements, published in 2014, that "qualifying nuptial agreements should be introduced by legislation"; and whether they plan to introduce the Draft Nuptial Agreements Bill included in that report.
Answered by Lord Bellamy
We are taking forward our commitment to review the legislation surrounding financial provision following divorce. Nuptial agreements are one element of this and any decision to introduce new legislation, including the draft Bill provided by the Law Commission in 2014, will be considered against the context of the wider review.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the Written Answer by Lord Wolfson of Tredegar on 6 July (HL1300), whether they have departed from the commitment made by Lord Keen of Elie in his letter dated 16 March 2020 (DEP2020-0150) to gather evidence, consult and develop recommendations relating to the law governing financial provision on divorce.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
The Government remains committed to examining the law governing financial provision on divorce.
On 22 January, in answer to written question HL11921 from the noble Baroness, I said that the Government was committed to set up a Lord Chancellor’s working group to take forward that work, including consideration of whether there are problems with the current law. In February 2021, the Nuffield Foundation began an independent research project to investigate how divorcing couples in England and Wales negotiate financial arrangements, both inside and outside the legal system. This study, “Fair Shares? Sorting out money and property on divorce”, aims to provide the first fully representative picture of divorcing couples in England and Wales.
In light of this important study, and its relevance to the gathering of evidence, the Government will further consider how best to progress the commitments made by Lord Keen and will announce its intentions in due course.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to their commitment in March 2020 to conduct a review into the law relating to financial remedies on divorce, what progress they have made with that review.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
As the Government confirmed on 22 January 2021, it has previously committed to set up a Lord Chancellor’s working group to assess any evidence for changing the law of financial provision on divorce and dissolution. The Government will announce its intentions in due course. Our current priority is to conclude the complex and important work, which is now far advanced, to implement reforms to divorce law in April next year through the provisions of the Divorce, Dissolution and Separation Act 2020. The Government believes that this is a vital first step in reducing conflict.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the answer by Lord Stewart of Dirleton on 6 January (HL Deb, col 131), what progress they have made with the review of financial provision law.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
The Government has committed to set up a Lord Chancellor’s working group to assess any evidence for changing the law of financial provision on divorce and dissolution. This review will be led by evidence, which is yet to be gathered, on whether there are problems with the current law. The Government will seek to ensure a balance of members from across different professions. The Government will make an announcement in due course.